Legal Opinion

Garrett v. O'DOWD

Court of Appeals of Wisconsin

Decided September 9, 2009No. 2008AP1756PublishedCited by 1 opinion

1Opinion of the CourtBrunner, J.

¶ 1. Hugh and Kathleen O'Dowd appeal a judgment granting trustee Karen Garrett and the David T. Murphy Revocable Trust dated February 19, 2004 (collectively, "Murphy"), exclusive use of an express easement along the shoreline of the O'Dowd property. Because we conclude that the trial court erred when it found ambiguity in the document creating the easement, we reverse.

BACKGROUND

¶ 2. In 1977, Cletus and Rose Schey divided their parcel into what are now the O'Dowd and Murphy properties. The O'Dowd and Murphy properties are adjacent to one another, but only the O'Dowd property includes frontage…

2Cases cited16 opinions

City of Pasadena v. California-Michigan Land & Water Co.California Supreme Court · 1941
Latham v. GarnerIdaho Supreme Court · 1983
Richards v. Land Star Group, Inc.Court of Appeals of Wisconsin · 1999
Wisconsin Telephone Co. v. ReynoldsWisconsin Supreme Court · 1958
Wisconsin Public Service Corp. v. AndrewsCourt of Appeals of Wisconsin · 2009

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3Cited by1 opinion

Roundy's Inc. v. National Labor Relations BoardCourt of Appeals for the Seventh Circuit · 2012